Mold in a Rental in Tampa Bay: What to Do

This guide is general information for renters and small landlords in Hillsborough, Pinellas, Pasco, Manatee and Sarasota counties. It is not legal advice. Read your lease and Chapter 83 of the Florida Statutes, and talk to a legal aid office or attorney before withholding rent or breaking a lease.

Is the landlord responsible for mold in Florida?

Florida's landlord-tenant law does not mention mold by name. What s. 83.51 does say is that the landlord, at all times during the tenancy, must comply with the requirements of applicable building, housing and health codes. Where no such codes apply, the landlord must keep the roof, windows, doors, floors, steps and other structural parts in good repair and keep the plumbing in reasonable working condition.

Most mold in a rental starts with one of those things: a roof leak, a failed window seal, a plumbing leak or an air conditioning system that is not draining. So the question is usually less about the mold itself and more about who is responsible for the water that feeds it. Local housing and property maintenance codes, which s. 83.51 makes the landlord follow, often address leaks, dampness and sanitary conditions directly. Hillsborough County's code-violation page, for example, lists mold, A/C and heating among the housing standards it enforces in unincorporated areas.

Does the type of rental change the landlord's duties?

Yes, in a few ways. For a single-family home or duplex, s. 83.51 allows the basic maintenance duties to be altered or modified in writing, so read your lease closely for any clause shifting repairs to the tenant. For apartments and other units that are not single-family homes or duplexes, the statute adds duties unless otherwise agreed in writing, including reasonable provisions for clean and safe common areas and functioning facilities for heat, running water and hot water.

The statute also says the landlord is not responsible for conditions caused by the negligent or wrongful act or omission of the tenant, the tenant's family or guests. That is where everyday habits matter. A landlord may push back if mold came from a shower fan that was never used, a dehumidifier that was unplugged, or furniture pushed against a damp wall for months. It helps to show that you reported the problem early and kept up with ordinary ventilation.

What should you do first?

1. Find and photograph the source. Look for the water: ceiling stains, a dripping supply line, a sweating air handler closet, a wet carpet edge along an exterior wall. The guide to signs of mold in a house lists the usual clues.
2. Write to the landlord. Use email or a dated letter, describe what you see and where, attach photos, and ask for the leak to be repaired and the mold handled. Keep a copy.
3. Limit the damage you can control. Run the AC, use bath and kitchen fans, wipe condensation, and move belongings away from wet areas. EPA advises keeping indoor humidity below 60 percent.
4. Do not hide it. EPA warns against painting or caulking over mold. Leave the area visible so the landlord or an assessor can see it.
5. Follow up. If nothing happens, send a second written notice that refers to the first, and note dates of any calls or visits.

EPA says that in most cases a homeowner can clean a moldy patch smaller than about 10 square feet. In a rental, cleaning a small spot on a bathroom ceiling is often reasonable, but the leak behind it is still the landlord's to fix, and anything larger belongs with the owner and a professional. People with asthma or weakened immune systems should stay away from moldy areas, and anyone with health concerns should see a health professional.

Do you need a mold test?

Usually not to prove mold is there. EPA notes that when mold is visible, sampling is in most cases unnecessary, and there are no federal limits for mold spores, so a lab number by itself does not show that a unit breaks any rule. What helps a renter more is a clear record of the water problem and the landlord's response. An assessment can still be useful when the source is hidden, for example a musty smell with no visible growth, or when the landlord disputes the problem. The guide on whether mold testing is worth it covers when it pays off, and a Tampa mold inspection explains what an assessor looks at.

Which office handles a rental mold complaint in Tampa Bay?

If written notice goes nowhere, code enforcement is the usual next step. Which office handles it depends on whether your address is inside a city or in an unincorporated part of a county. Many of these offices do not accept anonymous complaints.

Code inspectors look for code violations such as leaks, damaged structures or broken systems. They generally do not test for mold; Polk County's code enforcement FAQ, for instance, says plainly that it does not. For other towns, the area pages list the right office: see St. Petersburg, Clearwater, Plant City and Sarasota, or browse all Tampa Bay service areas.

Can you withhold rent or move out?

Florida's landlord-tenant law sets out a written-notice process that has to be followed before a tenant can withhold rent or end a lease over a landlord's failure to maintain the unit, and the details matter. Getting the steps wrong can lead to an eviction case. Read the statute, keep paying rent unless you have proper advice, and contact a legal aid office or an attorney before you withhold anything. Also note that s. 83.51 states a tenant cannot raise a landlord's failure to meet the added apartment duties in subsection (2) as a defense in a possession action.

What should landlords do when a tenant reports mold?

Respond in writing, get into the unit quickly with proper notice, and fix the water source before anything else. If the affected area is large, if it is inside walls, or if it involves the air handler, bring in a professional. Florida's s. 468.8419 means the mold assessor and the remediator on a job are normally separate companies, and neither may do the other's work on the same structure within 12 months, so plan for an assessment, removal and an independent clearance check. Check each company on DBPR's online licensee search; the guide to hiring a mold company in Florida shows how.

AC problems cause a large share of rental mold calls in this climate. The guide on AC mold in Florida homes covers drain lines and air handlers, and HVAC and duct mold service explains when ductwork is involved. Owners weighing claims for storm-related damage can read how Florida homeowners insurance handles mold. For the removal itself, see mold remediation in Tampa or mold remediation in Brandon.